Q: Can I sue an individual in small claims court for maliciously breaking my cellphone?
I would like to know how to and what I write in my complaint against someone that damaged my cellphone- IPhone (value $750). The individual took it from my hand and slammed it on the floor/ground. I have a video that clearly shows her talking the phone from my hand and slamming it to the ground, her face is clear and I was repeatedly on video asking for the phone back. She took it from me to prevent me taking her license plate picture after and accident.
I would like to recover the cost to replace my cellphone.
Am I able to do so?
A: Yes, you are certainly able to do so, however it would not be very cost effective. You will need to pay in excess of $300 in filing fees and to obtain service on the individual, none of which will be reimbursed. Plus, you will likely need to expend a substantial time drafting pleadings and attending court hearings. Instead of filing a lawsuit, I would recommend considering filing a police report and asking for restitution through local law enforcement. If the individual is approached by the police or an investigator, he/she will be more inclined to pay you to replace the phone and save you the time, money, and stress associated with filing a lawsuit.
A: Yes you can. Be prepared to present a receipt that shows the value of your phone. I'm pretty sure if you no longer have your invoice statement, the company that sold you the phone should be able to reproduce it.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
